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Jose Miguel Castro

Jose Castro’s Answers

4 total

  • Do I need a lawyer to get further medical treatment and my bills paid since I can't work

    I was in a motorcycle accident yesterday. Hurt pretty good and in alot of pain. The driver claimed 1st his breaks went out...the said he hit loose gravel. I think he was going to fast around the curve because we never made it around the curve..he ...

    Jose’s Answer

    A quality personal injury lawyer will focus on more than just the money. Often times, people who are innocently injured have no idea of what doctors to visit or whether their insurance or lack thereof will have an impact on their medical treatment. I've seen people visit a primary care/general physician when they are in dire need of a neurologist consultation. On a personal level, you should call a lawyer who can guide you in the right direction (as far as medical treatment is concerned). Hopefully, you feel comfortable with their guidance and allow them to represent you towards the maximum physical and financial recovery possible.

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  • What constitutes bad faith & punitive damages? Would hit & run be considered egregious circumstances?

    Defendant & Plantiff both share the same major auto insurance and a demand letter was sent back in 2013 asking for the policy limits due to medical billing over $25,000 with policy limits 25/50 & 75/100. Insurance company never responded at all to...

    Jose’s Answer

    The fact that the insurer failed to respond entirely, assuming they received the demand, is inexcusable. 2) The issue of whether the failure to respond to a demand was bad faith would arise after a trial, verdict and judgment against the insured that exceeds their insurance policy limit. 3) Evidence of a hit-and-run can allow a jury to elect to award the victim punitive damages.

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  • Is it true it is hard to demand for more than coverage limits?

    I read the minimum amount of auto liability coverage in Georgia is $25,000/$50,000/$25,000. When I asked a lawyer whether he can demand for more than $25,000 if the at-fault car driver only carries the coverage $25,000, the lawyer replied it is ha...

    Jose’s Answer

    Although I wouldn't, you could demand the sun, moon, and stars - the liability insurance company is only obligated, however, to pay up to the full amount it the applicable policy limit. It is vital to investigate all avenues of potential liability coverage. As some other lawyers have mentioned, if the at-fault insured person has assets, you can always pursue a judgment over and above the policy limits and attempt to collect the judgment through personal assets. Aside from that, a personal injury lawyer would be able to contact medical treatment providers and lien-holders in-effort to satisfy any valid liens or medical expenses.

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  • I was hit by a car while crossing the street. I was in the crosswalk and had the light. The driver blew the red light.

    Police and ems showed up and I was rushed to the hospital. Ended up with 7 head staples, multiple confusions and a lot of pain. Wondering what to do next? Thanks in advance

    Jose’s Answer

    You should retain an experienced personal injury litigation attorney and consult with a neurologist to assess you for any further head injuries. Depending on when your incident occurred, you can expect multiple hospital and emergency medical bills to arrive. It is important to act as quickly as possible.

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